Arms export control for European cooperative programmes and Strategic Autonomy

Under the current treaties of the European Union (Article 346 TFEU), arms exports are a national responsibility. Defence relations and specifically their export dimension constitute a crucial element of foreign policy. At the same time, export potential is a key factor in the international competitiveness of the defense industrial and technological bases (DITBs).

Member States have solid experience in controlling arms exports to prevent the diversion of exported products to unauthorized destinations, such as countries subject to international sanctions established by the EU or the United Nations.  According to data released by the Stockholm International Peace Research Institute (SIPRI) and the European Defence Agency (EDA), European suppliers have significantly consolidated their footprint, with the 27 MS accounting for 28% of all global arms exports in 2021-2025. 

Cooperation in the arms sector has enabled the establishment of strategic partnerships between European countries and major Regional Powers.

Many European highest-value exports come from multinational industrial programmes, such as the Eurofighter Typhoon (UK, Germany, Italy, Spain), the NH90 (France, Germany, Italy, Netherlands), A400M Atlas (Germany, France, UK, Spain, Belgium, Türkiye, Luxembourg), MRTT (Multi-Role Tanker Transport, an Airbus program involving France, Germany and Spain), etc. None of these exports would have been possible without the willingness of a program's European partners to let one of their number assume responsibility for the export, without exercising their ultimate right of veto.

For the reinforcement of the European operational and technological capacities, the intra-European cooperation is a must, to provide the needed critical mass, as long as it is not fragilizing its export potential. The dilemma is therefore to make compatible the national sovereignty feature of the arms export policy and the interdependence willingly created by the intergovernmental and industrial cooperation within Europe. 

The proper balance in respect of the current treaties has been reached by the   Agreement Regarding Defence Industry Export Controls signed in Paris on 17 September 2021 (the ‘Trilateral Agreement’- France/Germany/Spain), which states as a principle the respect by one partner of the export clearance of the other(s), for governmental or industrial cooperative programmes, or when a partner’s industrial content remains below a threshold of 20 % (de minimis rule), but keeping the ultimate right to oppose by exception the export concerned, in case of direct interest or national security consideration. In that case, the signatories will hold consultations to unblock the situation or find alternative solutions. This simplified system eliminates the need for export licences for each individual component, requiring only a license issued by the final exporting country.

As a result, the three following considerations are of essence:

->Solid control of arms export is a major governmental responsibility of the respective Member States, but, if cleared, strong coordinated political support is desirable as well in a very competitive environment. 

->To achieve a critical mass for our defence industries, arms exports to third countries are of critical importance, just as the progressive establishment of a Common Security and Defence Policy (so-called European Defence Union in progress) within the EU, the European aspiration to strategic autonomy and the development of cooperative programmes. 

->Full support for the principles of the ‘Trilateral Agreement’, which has since become a Quadrilateral Agreement following its recent extension to the United Kingdom (from the end of 2025) and now very soon to the Netherlands, Sweden and Italy before year end or within the next year. The Member States concerned, as well as the EEAS and the European Commission, should actively promote these principles as a EU-wide reference for governmental or industrial cooperation programmes and for programmes co-funded by EU-instruments.

We believe that the principles and mechanisms contained in the Quadrilateral Agreement should be extended generally within the European framework, taking into account the growing importance of the joint development of defense industrial programmes among European countries in coming years. We are trying to strengthen export controls in this sector. This requires greater clarity in regulations, more transparency, and a move towards harmonization to avoid 27 different sets of regulations within the EU, based on the noteworthy reference constituted by the Quadrilateral Agreement, which is becoming an intergovernmental agreement among the seven major European arms-exporting countries.

Recent exchanges between the Council, the Commission, and the European Parliament on the Defence Readiness Omnibus Directive were sensitive but ultimately constructive. The compromise reached in trilogue on 10 June 2026 preserved a clear allocation of responsibilities by excluding delegated or implementing acts for the Commission in a field that remains within Member State competence. 

 Illustration: AI generated